Council Planning Report MCU17/0034

DEVELOPMENT APPLICATION FOR MATERIAL CHANGE OF USE FOR ENTERTAINMENT AND DINING TYPE 2 (RECREATION, AMUSEMENT AND FITNESS) AT 4/1 RENE STREET, NOOSAVILLE (MCU17/0034)

Document information

Author	Development Planner, Wilhelm Koschade
Planning & Infrastructure Department

Index	ECM / Applications / MCU17/0034

Attachments	Nil

APPLICATION DETAILS
Applicant	Peak Physique Yoga Noosa
Proposal	Entertainment & Dining Type 2 – Recreation, Amusement & Fitness (Yoga Studio)
Properly Made Date	26 April 2017
Information Request Date	Not Applicable
Information Response Date	Not Applicable
Decision Due Date	07 August 2017
Number of Submissions	1 Properly Made

PROPERTY DETAILS
Property Address	4/1 Rene St Noosaville
RP Description	Lot 4 BUP 101093
Land Area	104 Square Metres
Existing Use of Land	Showrooms (4 Tenancies)

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Locality	Noosaville Locality
Zone	Industry Zone
Overlays	Natural Hazards (Acid Sulphate Soils)
Assessment Type	Impact

RECOMMENDATION
That Council note the report by the Development Planner to the Planning & Environment Committee Meeting dated 11 July 2017 regarding Application No. MCU17/0034 for a Development Permit for Material Change of Use of Premises for an Entertainment and Dining Use Type 2 – Recreational, Amusement and Fitness (Yoga Studio) situated at 4/1 Rene Street, Noosaville and:
Approve the application in accordance with the following conditions:
PLANNING
When Conditions must be Complied With
Unless otherwise stated, all conditions of this Decision Notice must be complied with prior to the use commencing, and then compliance maintained at all times while the use continues.
Approved Plans
Development undertaken in accordance with this approval must generally comply with the approved plans of development. The approved plans are listed in the following table unless otherwise amended by these conditions.
Plan No.	Rev.	Plan/Document Name	Date
AR01-102	-	Upper Floor	21/04/2017
AR01-101	-	Site Plan	21/04/2017
Nature and Extent of Approved Use
The maximum number of participants attending a class at any given time is limited to 24 people.
The approved use must not operate outside the hours of 6am to 9pm Monday to Sunday.
Car Parking
A minimum of 8 car parking spaces must be provided and marked on the site and made available and accessible at all times while the use is open for business.
Find the following are sufficient grounds to justify the decision despite the conflict with the Planning Scheme:
Fitness centres and the like are generally floor area intensive and require tenancies within industrial units that are most readily found in the Industry Zone;
The Overall Outcomes of the Noosaville Locality Code acknowledge that some sport and recreation uses are acceptable in the Industry Zone;
The fitness centre is of a similar size and scale to other approved Entertainment & Dining Business’s Type 2 within the Noosaville Industrial area.

REPORT
PROPOSAL
The application seeks approval for an Entertainment and Dining Use Type 2 – Recreational, Amusement & Fitness (Yoga Studio). The use is proposed to operate from a second storey mezzanine floor within tenancy 4 while retaining the approved use rights of a showroom on ground floor. No additional external building works are proposed and the yoga studio will operate within the existing building.
As shown in Figure 1 below, a use area of 88m2 is proposed which comprises the studio floor area and an ancillary office. A total of 13 existing car parks are available onsite with no additional parking proposed on the basis that the site enjoys a parking surplus which is able to accommodate the additional use area.
The application seeks approval to operate 7 days a week whereby a maximum of 5 classes are held per day. The classes comprise 1 hour sessions and will operate between the hours of 6:00am – 8:00pm. It is anticipated that the maximum number of students attending a class will be 22.
Figure 2 below depicts the existing building elevations.

Figure 1 – Floor Plan

Figure 2 – Existing Building Elevations
site details
Background
On 26 April 1994 Council issued a Town Planning Consent (TPC2651) for the development of Showrooms comprising 4 individual tenancies with a combined Gross Floor Area (GFA) of 417m2. A driveway and access was developed directly off Rene Street and a total of 13 car parks provided.
The development encompassed two allotments, one of which was zoned Special Uses – Buffer Area, currently Lot 22 RP 881370 and the other which was included in the Industrial Zone, currently Lot 0 BUP 101093. The zoning of each allotment remains similar with Lot 22 currently zoned as Open Space Conservation and Lot 0 zoned Industry.
Although two separate lots, Lot 22 (zoned for Special Uses) was permitted to be used for the landscaping component of the development in order to provide a visual buffer to Eumundi Noosa Road. A minor component of the soft landscaped area was provided on Lot 0 however the outstanding provided on Lot 22.
As part of the approval it was recommended that a boundary realignment be undertaken to incorporate approximately 4 metres of Lot 22 into the Industrial Zoned lot to enable a loading bay to be incorporated within the development. The boundary realignment was pursued by the applicant and loading bay developed. A further condition of approval required the balance of Lot 22 to be dedicated to Council without financial burden following the finalisation of the boundary realignment.
Site Description
The subject site comprises Lot 0 BUP 101093, Tenancy 4 as depicted in Figure 3 and 4 below. The site has a frontage of 22m to Rene Street.
Access arrangements comprise a sealed driveway and cross over off Rene Street.
The existing building comprises 4 showroom tenancies with a mezzanine floor within Tenancy 4 to be utilised for the proposed entertainment and dining use.
The subject site is relatively level with a minor slope to the south-western corner of the site.

Figure 3 – Locality Plan

Figure 4 – Subject Tenancy
Surrounding Land Uses
An industrial use adjoins the site to the south and comprises 3 tenancies (Laguna Bay Air Conditioning in tenancy 1 & 2 and tenancy 3 is currently vacant). A concrete batching plant abuts the site to the south east in conjunction with two industrial sheds to the east.
Tenancies within the two industrial sheds comprise a surfboard repair shop (DDS Surfboards), produce shop (Maluka Produce) and a salon (Captain Sip Sops).
assessment
Instruments for Statutory Assessment
Under the Sustainable Planning Act 2009 the application must be assessed against each of the following statutory planning instruments to the extent they are relevant to the development:
State Planning Policies;
the South East Queensland Regional Plan;
State Planning Regulatory Provisions;
any Structure Plan or Master Plan in place for declared areas;
any Preliminary Approval Overriding the Planning Scheme for the land;
the Planning Scheme for the local government area; and
any Temporary Local Planning Instrument in place for the local government area.
Of these, the statutory planning instruments relevant to this application are discussed in the sections that follow.
State and Other Statutory Instruments
State Planning Policies
There are no State Planning Policies applicable to this application:
South East Queensland (SEQ) Regional Plan 2009 - 2031
The site is located within the urban footprint area of the SEQ Regional Plan. The proposal is consistent with the regional policies of the SEQ Regional Plan.
Statutory Instruments – Planning Scheme
The subject site is located in the Noosaville Locality and is zoned Industry. The proposed use is identified as inconsistent use within the zone and is required to follow an impact assessable application process.
Locality Provisions
Noosaville Locality Code
Land Use & Works Provisions
The following codes which regulate land use and design are most applicable to this application:
Business Uses Code
Engineering Works Code
Landscaping Code
The application has been assessed against each of the above applicable codes. The pertinent issues arising out of the assessment against the codes are discussed below:
Noosaville Locality Code
The proposed Entertainment and Dining Use (Yoga Studio) is identified as an inconsistent use within the Industry Zone of the Noosaville Locality. However based on the location of the site and characteristics of the use, it is considered that the proposal be supported as it aligns with the Overall Outcomes of the Noosaville Locality.
The Overall Outcomes identified for the Industry Zone acknowledges that the functions of the zone are protected from incompatible uses however some sport and recreational uses are accepted in the zone. The proposed entertainment and dining use is considered compatible with the site’s existing showroom use. The proposed use will be wholly contained within the existing building while retaining the existing approved use rights of the showroom throughout tenancies 1 - 4.
The proposed use will not generate excessive noise, odour, dust or other waste and will not detract from other industrial uses operating in the locality.
Car Parking
The application seeks approval to maintain the existing approved showroom use throughout each of the four tenancies while introducing an entertainment and dining use to a mezzanine floor within tenancy 1. In order to achieve compliance with the Driveways and Car Parking Code, the development must provide onsite carparking which conforms to the triggered rate of both uses combined.
Probable Solution S7.1 of the Driveways and Car Parking Code requires a carparking rate for each use as detailed below:
1 space per 50m2, or part thereof, of use area – Retail Business Type 4 (Showroom); and
1 space per 20m2, or part thereof, of use area – Entertainment and Dining Type 2 (Recreation, Amusement & Fitness).
On this basis the showroom component of the existing use triggers a total of 8.34 car parks (417m2 (use area) / 50m2 = 8.34) and the proposed entertainment and dining use triggers a total of 4.4 car parks (88m2 (use area) / 20m2 = 4.4).
Therefore a total of 12.74 (13) car parks are triggered. A total of 13 spaces have been provided under the previous Town Planning Consent for Showrooms (TPC2651). Car parking associated with the proposed use raises no concern.
cONSULTATION
IDAS Referral Agencies
Not Applicable
Other Referrals
The application was forwarded to Unitywater and the following internal Council specialists:
Development Engineer
Public Notification
The application was publicly notified for 15 business days in accordance with the Sustainable Planning Act 2009. One (1) properly made submissions was received. The following table provides a summary and assessment of the issues raised by submitters.
Issues	Comments
The applicant’s name listed on the application details is not the registered business name of the applicant.	Amended forms were provided correcting the applicant’s name. The change was considered minor and therefore has no effect on the development assessment timeframes.
conclusion
While recognised as an inconsistent use in the Industry Zone, the proposed Entertainment and Dining Use Type 2 – Recreational, Amusement & Fitness (Yoga Studio) demonstrates compliance with the Overall Outcomes of the Noosaville Locality Code. The proposed use remains consistent with Council’s previous position on sports and recreation uses in the Industry Zone. The site currently enjoys a car parking surplus and the proposed additional use area raises no concern.

Departments/Sections Consulted:
	Chief Executive Officer		Community Services		Corporate Services
	Executive Officer to the Mayor & CEO		Community Facilities		Financial Services
	Executive Support		Community Development		ICT
			Libraries & Galleries		Procurement & Fleet
			Local Laws		Property & Facilities
			Waste & Environmental Health		Revenue Services
					
	Executive Office	x	Planning & Infrastructure		
	Community Engagement		Building & Plumbing Services		
	Customer Service		Civil Operations		
	Economic Development		Infrastructure Planning & Design		
	Governance	x	Planning & Environment		
	Human Resources	x	Strategic Land Use Planning		
	Sustainability				

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